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TRADEMARK REGISTRATION IN CHENNAI, INDIA

When we buy a house or a vehicle, we register the same with the local sub-registrar office or RTO. In the same way, your company name or brand name needs to be registered with the Trademark Registrar in Chennai.

A trademark registration gives the owner of the trademark the exclusive right to use the brand name. This means that no third party can use the said trademark without the permission of the registered owner.

Further, this Trademark Registration online gives the registered owner the right to sue any third party in a court of law against misuse of the registered trademark.

To protect a trademark (name) from being copied by others the inventor of the word or symbol must apply for trademark registration online. The registration of a trademark includes various steps and it is essential to appoint experts for the trademark filing to ensure a seamless process.

A trademark application can be filed by authority or by any legal entity in Chennai. The trademark need not be used before registration although a prior used trademark improves the chances of registration. The foreign nationals and entities can also file for trademark registration in Chennai and they can secure registration without any additional requirements.

The trademark Defined,

In other words, it can be the name of the brand or its logo are registered trademark in Chennai, or a combination of name and logo. As per Section 2 (zb) of the Trade Marks Act, 1999, “trademark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and that may include the shape of goods, their packaging, and combination of colors.

Five Benefits Why Register a Trademark in Chennai, India?

1. It provides ownership of your trademark

Trademark Registration in Chennai, grants the owner of the trademark, an exclusive right to use the trademark in respect of the goods specified in the application form for online trademark registration. 

The exclusive ownership of a trademark helps to prevent others from confusing similar trademarks in the industry. To protect the uniqueness and distinctiveness of the brand trademark registration online is compulsory.

2. It provides legal protection

The registration of a trademark provides legal protection to the registered owner of a trademark. This means that the trademark owner has nationwide ownership of the trademark so that no other party can use the registered owner's trademark without his permission. If any copying is found, the registered owner can sue for infringement.

3. Great status

A Trademark Registration in Chennai grants the trademark owner who can use the prestigious R symbol after the company name or logo. This gives trademark recognition to the mark. The symbol 'R' of a registered trademark can only be used by the registered owner of the trademarks. 

Registration of a trademark online grants the trademark owner the exclusive rights to prevent their trademark from being used by other third parties so that registered trademark owners can make their trademark specific among their consumers without any confusion.

4. New business opportunity

Once the organization gets the trademark registration in Chennai through online registration, the organization is entitled to use the R symbol. As already seen, it adds value to the business, so there is a very big possibility of attracting investors and franchisees. And also paves the way to attract more customers by brand recognition. Attracting more investors and customers helps the trademark owner to expand new business from the name of a reputed trademark.

5. Allows you to sell online

The current trend is to sell products online through e-commerce websites like Amazon, Flipkart, etc. When you sell online, through e-commerce portals trademark owners require an online Trademark Registration Certificate. Therefore, trademark registration will enable you to sell your products online. 

Finally, trademark registration in Chennai provides legal, financial, and strategic advantages that contribute to the long-term success and protection of business brands.

Who can apply for a trademark Registration in Chennai?

Anyone with an interest in a particular trademark, whether it’s an individual, business, or legal representative, can apply for an online trademark registration. Conducting a trademark search is a crucial step before filing a trademark application to ensure that the desired mark is available for registration and doesn’t conflict with existing trademarks.

For trademark registration in Chennai, Here are some common entities that might apply for it:

What documents are required to register a Trademark in Chennai?

If your business has been in existence for a long time before the trademark registration.  So during the process of trademark registration online the following documents can be submitted to prove the declared date of use

The above proofs do not need to be submitted if the trademark is proposed to be used.

How to register a trademark in Chennai?

Trademark Registration in chennai, or anywhere in India, involves a legal process governed by the controller general of patents, designs, and trademarks under the Ministry Of Commerce and Industry. Here is a step-by-step guide on how to apply for trademark registration.

- Trademark search

The primary step in registering a trademark is to carefully verify whether there are any existing trademarks before we apply for trademark registration online.

In simple words, we need to determine if there are any similar trademarks to the subject trademark or if the subject trademark is a common term or a descriptive mark.

When we find that there are no similar trademark names that have been not registered for your trademark name, we can file for the same trademark.

- Trademark filing

Once the report is favorable, the applicant can file the application trademark registration in Chennai with Form TM – A

The application has to be submitted along with the required documents as mentioned earlier.

Once the application for trademark registration online is filed, the registry will provide us with the Trademark Application Number, briefly called TM number.

Form and Fee Payment:

The trademark registration online application must be accompanied by the necessary fee, the fee varies depending on the applicant type (individual, small enterprise, or others). The fee can be paid online, and the appropriate form must be filled out accurately.

- Examination stage

At this stage, the examiners of the Registry will examine the online trademark registration application to ensure that all the norms of the Trademark Acts and Rules are properly followed.

If there are any discrepancies, the Registry will send us the examination report with the reason for the objection.

The applicant has 30 days from the date of the examination report to respond.

If the Registry is not satisfied with the reply, the applicant may be invited to a hearing.

- Publication in the Gazette

Once the Hearing Officer is satisfied with the reply, the application will be accepted and published in the Journal of the Trade Mark Registry, Chennai. The journal would be kept open for 4 months for any opposition to trademark registration in Chennai.

Publication in the official gazette allows the public to review and raise objections if they think that your Trademark kept for registration infringes on their rights. And this is a crucial step before the process of registration.

- Certification

If there is no opposition from any third party, the Trademark Registrar in Chennai will issue the certification of your trademark. This certificate is valid for ten years and the registration certificate is to be renewed every ten years. Then the trademark is considered a registered trademark of the owner and grants the owner exclusive rights to carry on the trademark then the registration symbol R can be placed after the logo.

Different types of Trademark in Chennai

In Chennai, as in other parts of India, trademarks are classified based on the classes of goods and services they represent.

Here are the main types of trademark registration in Chennai, based on the classes of goods and services.

Before applying for trademark registration online it is crucial to find a trademark that is up to registration and is suitable to your business for the goods and services that you provide. Additionally, it is advisable to make a trademark search to ensure that the chosen trademark is unique and eligible for registration.

Which trademarks cannot be registered?

Trademarks are registered under the Trademarks Act, 1999 (“Act”). An application is filed to the Registrar of Trademarks (“Registrar”) for Trademark registration in Chennai. The Registrar may accept the application and proceed with the process of registration. He can also reject the trademark registration online application if he finds any fault in it. The Act also provides a list of trademarks that cannot be registered in Chennai.

  • Trademarks that are very similar or identical to other trademarks.
  • Trademarks that have no distinctive character. This means a trademark that is not capable of distinguishing the products or services of one company from those of another.
  • A descriptive trademark can’t be registered. This is a trademark that defines the kind, quality, or quantity of the product or service.
  • A trademark that offends any religious belief or sentiment.
  • A trademark that comprises scandalous or obscene matter is the trademark prohibited by the Government of India.

Validity of Trademark Registration in Chennai

A registered trademark certificate is valid for 10 years from the date of application for trademark registration in Chennai.

The Trademark must be renewed every 10 years, failure of renewal, the registered Trademark will be removed from the Register of Trademarks. 

A renewal application (TM -R) can be filed within 12 months before the expiry date.

The importance of trademark renewal 

  • It enables you to safeguard your brand reputation
  • It supports the preservation of your registered trademark in Chennai with exclusive rights.
  • It makes legal compliance possible, protecting you from infringement.
FAQ

FAQ ON TRADEMARK REGISTRATION IN CHENNAI, INDIA

If a Trademark is Registered in Chennai will it be given right all over the Nation?

The trademark registration in Chennai has unique rights and is applicable all over India including Jammu and Kashmir getting recognition from the government of India in 2019 the laws practiced in the rest of India including the Trademark Registration Act 1999 are applicable all over India. This states that trademark registration in Chennai is applicable in India and if any infringement takes place at any part of the country, they cannot take the power of special status for their infringement they are bound to legal actions.

Whether the trademark registration validity can be extended in Chennai?

The trademark validity can be extended to another ten years by way of filling out a renewal form to Intellectual Property India through the official website or physically to the trademark registry in Chennai. However, the trademark registration can be extended in Chennai by the following renewal procedure.

Whether the fee structure of Trademark Registration is subject to change?

The cost of Trademark Registration in Chennai will change based upon the type of applicant and their registration purpose the cost of registration can be varied and to know more about the fee structure and its changes the applicant need to check the official website of intellectual property india where every detail are mentioned up to date even the filing fees, renewal fees, class fees are mentioned in detail.

Whether the cost of trademark registration differs based on modes?

Yes, the cost of trademark Registration can differ by the different modes eg. If the application for registration is made online or physically the cost of registration will vary based on the modes. The online mode is often suggested because it traditionally has discounted fees for regular applicants and applicants like startups, and small businesses may be eligible for reduced fees if they file their application for trademark registration online. so the cost of registration varies based on the type of registration.

Whether the R and TM symbols used in trademark registration are the same?

No, the symbols R and TM used during trademark registration, are not the same because TM is used during the process of trademark registration in online and the symbol has no value but R is a symbol that is granted by the government to show that your trademark has been registered and the R add the more value of the brand.

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